Partial transcript, June 7, 2011 meeting of Los Angeles Police Commission (from the online Granicus video available at http://lapdonline.org/videoarchive/policecommission_videoarchive.html )
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COMM ALAN SKOBIN:
05030 What troubles me about the collection rate it that what we really have here is a voluntary citation program. And it's voluntary because there's no teeth in it and there's no enforcement mechanism.
So, it relies in large part on the goodwill of people who receive these citations in the mail.
So what happens is the Mike Downings of the world [LAPD Dep. Chief, present at the meeting], and the folks who are typically responsible and respectful of the law, and law-abiding except for the infraction that they may have committed here, will pay it because they receive a notice in the mail.
But those who are aware that there's no enforcement of them, or frankly just don't care for the system, or not responsible to the system, don't pay it.
And there's no repercussions to those who don't pay it, versus those who may shell out the $500. So the ones who aren't compliant, and as responsible, get ahead, of that.
And number two, we then send it to a collection agency
And I'm really beginning to question if in fact, the courts are not enforcing the citations that people fail to respond to. They don't issue a warrant, they don't have a summons, they don't put a hold on the registration of the vehicle, they don't impact your drivers record. As I understand it, nothing happens.
We then send it to a collection agency.
In my mind I question the efficacy of that, because we're sending it to collection. Something that I'm not convinced that the person has a legal obligation to pay, that there's a legal debt to pay. Because they've gotten a citation for which there's no teeth, no accountability.
So I really do feel that the collection and payment rates are associated with the fact that it truly is a voluntary citation program.
05500 Let's assume that the registered owner of the vehicle is a 59 year old male with a mustache, and has a name that's unmistakably a male name and the driver is a 20 - 25 year old female. It's our practice to go ahead and issue the citation, and if the person wants to contest it, without having to go to court, or do an affidavit in court - it would take a lot of time to subject to the court system - they have to check the box, and it doesn't say, "If you want to tell us," or "You're not under obligation to tell us who the driver is." Just, "Check the box and tell us who the driver is." But I'm not aware of any legal obligation they have to tell us who the driver is.
05610 Here we have that imperfection in the system because there could be a known mismatch between the driver and the registered owner of the vehicle. On the one hand I'd like to say, "Yeah, it'd be great for the registered owner to be required to give us the name of the driver"... But I don't believe they have a legal obligation, and I think we create a dynamic which is problematic.
05650 So, what the proposed legislation [SB 29] will do in my opinion, is lower the collection rates and lower the amount of revenue to the City. Thereby making it even a greater deep hole that we have to dig out of.
05715 I really feel that this program, financially, should stand on its own. And in that case it fails. So I just don't think we can give a green light to this red light report.
DEP. CHIEF MICHAEL DOWNING:
05730 Comm. Skobin's observations are accurate.
There's no consequence for not paying the ticket on a photo red light.
And currently if a percentage rate is paying and the general public understands that there is no consequence, there is a risk that many more will not pay.
We have petitioned/appealed the [Los Angeles County] superior court to put teeth into this so that there will be a consequence. But that has met with the answer that they will not support it.
So there's no consequence.
There's no warrant.
This is not in queue when you renew your drivers license.
This is not in queue when you register your car.
So, essentially the commissioner is correct that it is a voluntary citation and payment for that citation.
COMM. JOHN MACK:
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